Thursday, November 12, 2009

Bogus Promises and Outright Lies

Much of what is disturbing about currenrt american adoption practice are the lies and broken promises, justified by a need for secrecy to "protect" parties from one another.

Yet who is being protected by all of it? Just one party: the paying client!

The falsified birth certificate is the most major lie.  The lie gibes the paying client all the power t never tell their child anything else but what it says therein: that they child was born to them. Gives them all the power and makes the adoptee and their original families powerless victims.  Did you know that would happen when you signed away your parental rights? 

Promises of openness - a marketing tool to pressure mothers in crisis with no legal counse to informthem that such promises are unenforceble.

Lies, all lies.  But one of the one that bothers me the most is being told that I was given a promise in exchange for my child!  How dare ayone imply that I or anyone else ever asked for, requested or assumed to have anonymity from our own child?  How dare anyone imply that i or anyone else was given any CONSIDERATION in exchnage for that coerced signature?

Consideration is a legal term in contract law defined as: "Some right, interest, profit or benefit accruing to the one party of a contract, or some forbearance, detriment, loss or responsibility given, suffered or undertaken by the other."

In simpler language...:
An exchange of "consideration" whether it be financial or of another sort between the parties to a contractual arrangement is crucial for the agreement to be legally enforceable..

It is the reason a family member will "sell" a house to a relative for $1.00.

NOTE: The 'something of value' may be either something that the person actually hands over (that they would not otherwise be indebted to hand over) or some right that they give up (that they would otherwise have been entitled to exercise).
Consideration is an essential element for the formation of a contract. It may consist of a promise to perform a desired act or a promise to refrain from doing an act that one is legally entitled to do. In a bilateral contract—an agreement by which both parties exchange mutual promises—each promise is regarded as sufficient consideration for the other. In a unilateral contract, an agreement by which one party makes a promise in exchange for the other's performance, the performance is consideration for the promise, while the promise is consideration for the performance
Modern courts have de-emphasized the distinction between unilateral and bilateral contracts. These courts have found that an offer may be accepted either by a promise to perform or by actual performance. An increasing number of courts have concluded that the traditional distinction between unilateral and bilateral contracts fails to significantly advance legal analysis in a growing number of cases where performance is provided over an extended period of time.
Suppose you promise to pay someone $500.00 to paint your house. The promise sounds like an offer to enter a unilateral contract that binds only you until the promisee accepts by painting your house. But what constitutes lawful performance under these circumstances? The act of beginning to paint your house or completely finishing the job to your satisfaction?
Most courts would rule that the act of beginning performance under these circumstances converts a unilateral contract into a bilateral contract, requiring both parties to fulfill the obligations contemplated by the contract.
What did any of get in exchange for the loss of our children besides pain and grief?

Relinquishment agreements are in fact unconscionable contracts.

In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. An unconscionable contract is one that no person who is mentally competent would enter into and that no fair and honest person would accept. Courts find that unconscionable contracts usually result from the exploitation of consumers who are often poorly educated, impoverished, and unable to find the best price available in the competitive marketplace. ...
Unconscionability is determined by examining the circumstances of the parties when the contract was made; these circumstances include, for example, the bargaining power, age, and mental capacity of the parties. 

Unconscionable conduct is also found in acts of Fraud and deceit, where the deliberate Misrepresentation of fact deprives someone of a valuable possession. Whenever someone takes unconscionable advantage of another person, the action may be treated as criminal fraud or the civil action of deceit.
No standardized criteria exist for measuring whether an action is unconscionable. A court of law applies its conscience, or moral sense, to the facts before it and makes a subjective judgment.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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